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PERMFILE64427
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PERMFILE64427
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Entry Properties
Last modified
8/24/2016 11:10:23 PM
Creation date
11/20/2007 8:24:58 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Exhibits 41-50
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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"IF NO COUNTER CLAIM OR CROSS -CLAIM IS PLEADED !N THE ANSWER. THE <br />PLEADINGS ARE CLOSED" unless the court orders a reply. [10] <br />c) Libellee(s) due process time has elapsed and no extension was given or requested by the Libellee(s) for <br />answering trader F.R.C.P Rule #12. <br />d) If no Counter-claim or Cross-claim is pleaded in [he answer and [he court does not order a reply, "The Libellant <br />may, within 20 days after service of [he answer, MOVE TO STRIKE out any insufficient defense or any <br />redundant, immaterial, impertinent or scandalous matter contained in the answer. [I5]. All such grounds should <br />be consolidated in one motion to Subdivision (G)". <br />(Page 12- 29) The rule has certainly been defined to require that defenses end objections be made promptly, but <br />on the other hand, no one can contend that the parties are not given adequate opportunities to present all <br />defenses and objections, and the court has ample power to dispose of them in a manner most conducive to the <br />proper administration of justice. <br />d) Libellee(s) have brought [o this instant action, A DEFECTIVE PLEADING. that it is not setting up an <br />affirmative defense. <br />See Black Law Dictionary, Sixth Edition, (PAGE 60) AFFIRMATIVE DEFENSE. <br />"ALL AFFIRMATIVE DEFENSES "MUST' BE RAISED IN THE INITIAL RESPONSIVE <br />PLEADING/ANSWER." (See attached "CERTIFICATE AND NOTICE OF NON RESPONSE" under <br />Notary seal (Exhibit "B") <br />The Libellee(s) "DEFECTIVE PLEADING, THE ENTIRE DOCUMENT, IS A SHAM/FRIVOLOUS AND A <br />DEFECTIVE PLEADING, SETTING UP NO AFFIRMATIVE DEFENSE." <br />The Libellee(s) do not and are "FAILING TO STATE A CLAIM UPON W HIGH RELIEF CAN BE <br />GRANTED". F.R.C.P Rule # 12 (b) (6). <br />e) °THE LD3ELLEE(S) TIME TO ENTER A CORRECT RESPONSE/ ANSWER lS NOW EXHAUSTED". <br />"THE LIBELLANT'S COMPLAINT IS AN AFFIDAVIT OF FACTS AND IS PRESENTED AND <br />SERVED UNDER LIBELLANT'S UNLIMITED LIABILITY COMMERCIAL OATH AND IS <br />UNREBUTTED/IIIYCONTRADICTED BY THE LHiELLEE(SI AND IS THE LAW OF THIS INSTANT <br />ACTION.^ (See attached Libellee(s) acceptance of service Receipt., Exhibit "A") <br />f) THIS COURT TAKES JUDICIAL NOTICE. >n Commerce, which the Libellant "MOVANT' is moving irt_. <br />this instant action. TRUTH IS SOVEREIGN. TRUTH IS EXPRESSED BY AFFIDAVIT. AN UNREBUTTED <br />
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